section 8 90 day vacate notice

[Larry Hucks]

Hello,

Does a 90 vacate notice given to a current section 8 tenant (living month to month) due to the sale of the home roll over to the new landlord when the sale is completed, if the current tenant is still occupying the property after the sale is completed? This is not a forclosure sale. I am the new owner currently in escrow, and I will not be renewing a lease with the section 8 tenant as I have no desire to be a section 8 landlord. The state is California.

Ex. if the tenant was given the 90 day vacate notice 30 days prior to the open of escrow, and escrow took 30 days to close, does the current tenant have only 30 days to vacate the home?

[Erik Bottema]

Section 8 has a special contract with the HAP agreement that requires a 90 day notice. I would recommend seeking legal advice from an attorney.....However, based on my experience with Section 8......since you are buying the property and assuming the lease, the current 90 day notice is valid and you should not have to start over at COE.